Soundbite: Reminder for employers to be careful over references, as cleaner awarded over £264,000 by Tribunal for unfair dismissal and victimisation claims
Reminder for employers to be careful over references as cleaner awarded over £264,000 by Tribunal for unfair dismissal and victimisation claims
In the case of Ms P Ong v Aberystwyth University, an Employment Tribunal found that Aberystwyth University had unfairly dismissed a long‑serving employee and had victimised her by providing a retaliatory reference.
Ms Peak Ong was employed by Aberystwyth University as a part‑time cleaner from 2014, working approximately 15 hours per week. Over a number of years, her working relationship with her line manager deteriorated significantly. In 2021, the University arranged formal mediation between Ms Ong and her manager. That mediation concluded with an agreement which included confidentiality provisions and expectations about future conduct.
Following the mediation, difficulties continued. The University alleged that Ms Ong had breached the confidentiality of the mediation agreement and she was subsequently suspended, issued with a final written warning, and told she had a short period to secure alternative employment within the University.
When, despite a number of applications, Ms Ong failed to obtain another internal role, the University proceeded to dismiss her. The reason given for the dismissal was some other substantial reason, as a result of the breakdown in the working relationship between the parties.
The Employment Tribunal was highly critical of the process leading to dismissal. It found that Ms Ong had not been clearly warned, in the mediation agreement or otherwise, that an alleged breach of the mediation agreement could result in disciplinary action or dismissal. It also found that the investigation and decision‑making processes were procedurally flawed; for example, the University failed to provide full details of the allegations against Ms Ong at several stages and failed to hold an appeal hearing. The Tribunal concluded that the dismissal fell outside the range of reasonable responses and was therefore unfair.
After her dismissal, Ms Ong was offered employment by Ceredigion County Council, subject to references. In responding to a reference request, Aberystwyth University stated that it was “unable to comment” on certain matters because it was “in dispute” with Ms Ong. The Tribunal found that this wording constituted a detriment to Ms Ong as it was a clear reference to her tribunal proceedings, bore no relevance to the questions asked about Ms Ong, and caused the job offer to be withdrawn. The Tribunal held that this amounted to victimisation, describing the reference as “irresponsible and retaliatory.”
While most of Ms Ong’s discrimination claims were dismissed, her claims for unfair dismissal and victimisation succeeded. At a subsequent remedy hearing, she was awarded £264,442.09 in compensation, reflecting loss of earnings and the serious impact of the University’s actions on her ability to obtain further work.
Key implications for employers
- A fair process is critical
Even where workplace relationships have broken down, employers must ensure that investigations and disciplinary procedures are reasonable, proportionate and clearly communicated. The Tribunal decision emphasises that procedural shortcomings can render a dismissal unfair, regardless of underlying conduct concerns.
- Be clear about the consequences of alleged misconduct
If breaching a policy or agreement may lead to dismissal, this must be made explicit. Employers should not assume that seriousness will be self‑evident to employees.
- Take care with references
References given after litigation or grievances are high risk. Even factually accurate statements can amount to victimisation if they are framed in a way that penalises an employee for bringing claims. Neutral, carefully drafted references confirming job title and dates of employment only are often the safest approach.
- Compensation exposure can be substantial
The size of the award highlights how unfair dismissal and post‑termination conduct can significantly increase compensation, particularly where loss of future earnings is linked to the employer’s actions. This risk is likely to increase further as the current statutory cap on unfair dismissal compensation is expected to be removed under planned employment law reforms.
If you need advice on dismissing an employee, handling complaints or Tribunal claims, or any of the other issues raised by this case, please get in touch with a member of the team.